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April 2010 Agenda

Ventura County
Board of Supervisors Chambers
800 S. Victoria Avenue
Ventura, CA 93009
(805) 451-6053

The phone number will only be in service during the meeting.

This has been posted at 12:30 p.m., Monday, April 12, 2010.

10:00 a.m.

WEDNESDAY, APRIL 14, 2010

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  GENERAL PUBLIC COMMENT.  Public comments will be heard at 10 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

SOUTH COAST DISTRICT (ORANGE COUNTY)

4.  CONSENT CALENDAR. See AGENDA CATEGORIES.   

 
 Motion and Vote

a. Application No. 5-09-245 (Huffman, Newport Beach)  Application of Mr. Kirk Huffman to demolish and remodel ocean front 2,707 sq. ft. 2-story single-family home including demolition and re-construction of entire oceanward portion of structure except for attached 2-car garage with new 875 sq. ft. second story addition resulting in 3,527 sq. ft. 2-story, 24 ft. tall residence, new perimeter walls, drainage improvements and no landscaping is proposed, at 316 Via Lido Nord, Newport Beach, Orange County. (LR-LB)

Notice of Technical Review Workshop
for the
San Onofre Nuclear Generating Station (SONGS)
Wheeler North Reef Mitigation Project
 on April 19, 2010 in Dana Point

SOUTH COAST DISTRICT (ORANGE COUNTY)

5.  DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's Long Beach office at (562) 590-5071.

6.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.

 
 Motion and Vote

7. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

a.  City Of Newport Beach LCP Amendment No. NPB-MAJ-1-9  (AERIE). Public hearing and action on request by City Of Newport Beach to  amend the Certified Land Use Plan (LUP) to change land use designation of a 584 sq. ft. portion of parcel in the coastal zone at 101 Bayside Place from RH-D (High Density Residential) to RM-A (Medium Density Residential) (LR-LB)
 Public Comment on Item
 
 Return to Commission
 
 Motion and  Vote

8. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed.  The purpose of this procedural change is to expedite the Commission's coastal development permit process.

a.  Application No. 5-09-162 (Advanced Group 99-D/AERIE, Newport Beach)  Application of Advanced Group 99-D to demolish 13,688 sq. ft., 4-level, 14-unit apartment while retaining on-grade stairway on bluff face, demolish 2,810 sq. ft. single-family home and construct new 61,709 sq. ft., 8-unit, 32 ft. tall, 6-level condominium structure including four levels above grade and two subterranean levels, 31 parking spaces, pool and other luxury amenities; hardscape and landscaping improvements; grading consisting of 25,240 cu. yds. of cut; demolish 4-slip floating dock structure and replace with new 8-slip floating dock and guest side-tie; lot line adjustment and tract map to merge two lots and portion of third lot into single 61,284 sq. ft. lot for residential condominium purposes;, at 201-205 & 207 Carnation Avenue, and 101 Bayside Place, Newport Beach, Orange County. (LR-LB)
 Public Comment on Item
 
 Return to Commission
 
 Motion and Vote
 
b.  Application No. 5-09-186 (Surfside Colony Limited Homeowners Assoc., Seal Beach)  Application of Surfside Colony Limited Homeowners Association to remove 25 sq.ft. entry guard station, lift arm, masonry walls, chain link fence, relocate street light, remove landscaping and construct new 110 sq. ft. guard station and up to 8 ft. tall entrance gates, add lane and widen existing ingress/egress vehicle lanes, new planter areas with landscaping, new 8 ft. tall masonry walls, relocate existing utility vaults and new streetlight along Pacific Coast Highway, at 125 Phillips Street, Seal Beach, Orange County. (FSY-LB)
 Motion and Vote

c. Application No. 5-09-208 (De La Pena, Laguna Beach)  Application of Mr. William De La Pena to remodel 4,091 sq. ft. single-family home with attached 4-car garage including 277 cu. yds. of cut for new 813 sq. ft. lower-floor level, new lower concrete patio addition, replace bluff-side wood deck, replace all doors and windows, replace stucco façade, front courtyard improvements, new pool requiring; after-the-fact approval of demolition of walls, doors, windows, new caisson foundation construction and grading for pool, at 111 South La Senda, Laguna Beach, Orange County. (LR-LB)

9. PERMIT AMENDMENTS.  See AGENDA CATEGORIES.  An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.

a. Permit No. 5-04-167-A (Orange Coast College, Newport Beach)  Request by Orange Coast College for after-the-fact (ATF) authorization to add modular plastic dock system (floating pads) for instructional boats. In addition, the loss of 1,133 sq.ft. of impacted eelgrass from shading effects of ATF floating pads will be mitigated at ratio 1.2 to 1 for total of 1,360 sq.ft. is proposed, at 1801 W. Pacific Coast Highway, Newport Beach, Orange County. (FSY-LB)

ENFORCEMENT

10.  ENFORCEMENT REPORT.  Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)

[ Items 11 and 12 below share a single, combined staff report.]

11. Commission Cease and Desist Order No. CCC-10-CD-02 (Stevan & Rona Gromet–Laguna Beach, Orange Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Stevan and Rona Gromet, and their agents and representatives, to cease and desist from engaging in any further unpermitted development, such as the removal of major vegetation, including the State and federally listed as threatened Big-Leaf Crownbeard, and to undertake measures necessary to comply with the Coastal Act, on the properties owned by Driftwood Properties, LLC, treated by the Orange County Assessor’s Office as two parcels with Assessor Parcel Numbers 056-240-65 and 656-191-40, located at the northern terminus of Driftwood Drive in the City of Laguna Beach, Orange County. (EAD-SF)
 Motion and Vote
 
12. Commission Restoration Order No. CCC-10-RO-02 (Stevan & Rona Gromet–Laguna Beach, Orange Co.) Public hearing and Commission action on proposed Restoration Order directing Stevan and Rona Gromet, and their agents and representatives, to undertake restoration of an area impacted by the unpermitted removal of major vegetation, including the threatened Big-Leaf Crownbeard, on the properties owned by Driftwood Properties, LLC, treated by the Orange County Assessor’s Office as two parcels with Assessor Parcel Numbers 056-240-65 and 656-191-40, located at the northern terminus of Driftwood Drive in the City of Laguna Beach, Orange County. (EAD-SF)
 Motion and  Vote

SAN DIEGO DISTRICT

13.  DEPUTY DIRECTOR'S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's San Diego office at (619) 767-2370.

14.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.

 
 Motion and Vote

14.5 LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.

[Additional correspondence has been appended to the staff report for item 14.5a below on April 12.]

a. City of Del Mar LCP Amendment No. DMR-MAJ-1-09 (Modifications to Parking Requirements). Public hearing and action on request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, provide additional ADA-compliant parking and establish an in-lieu fee program for parking space reductions. (DNL-SD) [POSTPONED]

15. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed.  The purpose of this procedural change is to expedite the Commission's coastal development permit process.

[Additional correspondence has been appended to the staff report for item 15a below on April 12.]

a.  Appeal No. A-6-PSD-09-43 (San Diego Unified Port District, San Diego) Appeal by Katheryn Rhodes & Conrad Hartsell, Ian Trowbridge, Catherine M. O'Leary Carey & John M. Carey, Scott Andrews, Navy Broadway Complex Coalition and Commissioners Wan & Shallenberger from decision of Port of San Diego granting permit with conditions to San Diego Unified Port District to realign North Harbor Drive from B Street Pier to south of Broadway Pier eastward resulting in the net loss of 146 parking spaces, construct 105-ft. wide esplanade; public plaza at foot of West Broadway; gardens; shade pavilions; ticket kiosks; information building; walk-up café; restroom; median improvements on West Broadway between North Harbor Drive and Pacific Highway; and re-striping to provide additional turn lane to Grape Street and North Harbor Drive intersection, at North Harbor Drive, from B Street Pier to south of Broadway Pier; Grape Street and North Harbor Drive intersection, San Diego, San Diego County. (DL-SD)
 Public Comment on Item
 
 Return to Commission
 
 Motion and  Vote

b. Application No. 6-10-2 (Coronado opportunist sand program) Application of City of Coronado to implement sand replenishment program over 5-year period allowing for multiple beach replenishment projects and placement of up to 100,000 cu.yds. of opportunistic sand annually, to be placed on beach between Naval Air Station North Island and Naval Amphibious Base, Coronado, San Diego County. (DL-SD)

c. Application No. 6-10-8 (Kohn, San Diego) Application of Bill & Karen Kohn for remodel and addition to two-story, 3-unit, 1,814 sq. ft. residential building resulting in a three-story, 1,904 sq. ft. single-family home with an attached 1 car garage and carport on 1,551 sq. ft. site, at 701 Yarmouth Court, Mission Beach, San Diego, San Diego County. (MA-SD)

 STATEWIDE

CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:

Berge et al. v. Cambria Community Services Dist. et al. Govt. Code § 11126(e)(2)(A),
Cannery Row Marketplace, LLC v. CCC et al. Govt. Code § 11126(e)(2)(A),
Carrico v. City of Encinitias (CCC, RPI) Govt. Code § 11126(e)(2)(A),
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A),
Gualala Festivals Committee v. CCC et al. Govt. Code § 11126(e)(2)(A),
Jackson-Grube Family, Inc. v. CCC Govt. Code § 11126(e)(2)(A),
Manchester Pacific Gateway, LLC v. CCC Govt. Code § 11126(e)(2)(A),
Ramirez Canyon Preservation Fund v. CCC et al. (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A),
Reddell v. CCC et al. Govt. Code § 11126(e)(2)(A),
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A),
In the matter of Ventura County Channel Islands Harbor Public Works Plan NOID 2-09. Govt. Code §11126(e)(2)(B)..
Venice Stakeholders Association v. CCC et al. Gov Code section 11126(e)(2)(A)

The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

 Report from Closed Session
 

16. APPROVAL OF MINUTES.

17. COMMISSIONERS' REPORTS.

18. CONSERVANCY REPORT.

19. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

20. DEPUTY ATTORNEY GENERAL'S REPORT.

21.  EXECUTIVE DIRECTOR’S REPORT including report and possible Commission action on legislation and water quality.

 
 Motion and Vote
 
a. Proposed 2011 meeting dates.  Discussion and possible Commission action on 2011 Coastal Commission meeting dates.
 
 GENERAL PUBLIC COMMENT

Future Meetings